Free Notice to Take Deposition - District Court of Delaware - Delaware

Case 1 :04/=cv=01i56*5=SLFt Docu ment 80-2 Filed 12/14/2006 Page 1 of 2

E Issued by the
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF
ARLIN M. ADAMS , Chapter 11 Trustee of
the Post —Cc>r1firmat ion Bankruptcy
Estates of CORAM HEALTHCARE
conpoazrrxom, a Delaware ‘c¤xp . , ee at. SUBYOENA IN A CIVIL CASE
v.
DANIEL D . CROWLEY, DONALD J . AMARAL, Casc N*¤¤l>¤*> I Mlsc ·
WILLIAM J . CASEY , L . PETER SMITH , AND Pending in the U.S. District Court for the
SANDRA L . SMOLEY District of Delaware - Case No. 04-1565 (SLR)
TO: David Friedman
Kasowitz Benson Torres E Friedman LLP
1633 Broadway, New York, NY 10019
_i YOU ARE COMMANDED to appear in the United States District Court at the place, date, and time specified below to
testify in the above case.
PLACE OF TESTIMONY c0uRTRooM
DATE AND TiME
maj YOU ARE COMMANDED to appear at the place, date, and time specitied below to testify at the taking of a deposition in
the above case.
PLACE OF DEPOSITION °° _ DATE AND TIME
O ’ Melveny & Meyers , LLP February 5 , 2 O 07
7 Times Square, New York, NY 10036 9:00 a.m.
Il YOU ARE COMMANDED to produce and permit inspection and copying of the following documents or objects at the
place, date, and time specified below (list doctuncnts or objects):
i=·i.AcE I DATE AND TIME
I , Q YOU ARE COMMANDED to permit inspection ofthe following premises at the date and time specified below.
PREMISES I DATE AND TIME
Any organization not a party to this suit that is subpoenaed for the taking of a deposition shall designate one or more ofticers,
directors, or managing agents, or other persons who consent to testify on its behalf, and may set forth, for each person designated,
the matters on which the person will testify. Federal Rules ot Civil Procedure, 30(b)(6).
issuius OFFICERS sisNATui2E AND Tm.E (iNDicATE ATTORNEY FDR i=i.AiNTii=i= on DEFENDANT) DATE
‘° Q
%Jé9‘“ ,·¢(2·-z _ December 2 00 6
lSSLllNG 0l=FlcER‘s NAME ADD ss AND TELE E UMBER
Elliot R. Peters , Esq.
Keker E Van Nest, LLP 710 Sansome St . , San Francisco, CA (415) 391-5400

(Sec Rule 45, Federal Rules of Civil Procedure, parts C & D un reverse)
l lfnctiou is sending in district other than district of issuance, state district under case number.
AO-BB

Cassel :O4=cv=01r565-SLFl Docu ment 80-2 Filed 12/14/2006 Page 2 of 2 h



PROOF OF SERVICE

DATE PLACE
SERVED

scavso on (PRINT NAME) MANNER OF SERWCE

serzvso BY rnntmr NAME) Tm-E

DECLARATION OF SERVER
I declare under penalty of perjury under the laws of the United States of America that the foregoing infomation contained in the
Proof of Service is true and correct.
Executed on
DATE SIGNATURE OF SERVER

ADDRESS OF SERVER

__________
Rule 45, Federal Rules of Civil Procedure, Parts C & D:
(C) PROTEUNON OF PERSONS SUBJECT T0 SUBPOENAS· the provisions of clause (c) (3) (B) (iii) of this rule, such a person may in order to
U) A pm}, 0, an auomcy mspongihyc for the issuance and sm-vice attend trial be commanded to travel from any such placewithin the state in which
of a subpoena shall take reasonable steps to avoid imposing undue me mal *5 hcldv UT the demanding Party lu ccmcsl me cli-"‘m·
bl-Wdcn UV BXPEUSC ml 3 P°Y$°“ sllbiccl tl) that Sl-lbP°ma· UW °°“l'l °l'* (iii) requires disclosure of privileged or other protected matter and
behalf of which the subpoena was issued shall enforce this duty and no cxccptgun or wawcf appigcsy m-
impose upon the party or attorney in breach of this duty an appropriate , . d b d
sanction which may include, but is not limited to, lost enmings and (W) Subiecls a Pm°“ l° ““ UE “' °“·
reasonable attomey‘s fee, (B) {fa subpncng
(2) (A) A person commanded to produce and permit inspection and (l) ¥€q¤il’¤S dltl¤iQSu1’B oft} trade secret or other confidential research,
copying of designated books, papers, documents or tangible things, or d¤V¤l¤Pm¤¤l» DT ¤¤T¤m¤¤¥\¤l l¤f¤m'l¤Yl¤¤» ¤\’
[¤$P°Ci!¤“ Of Plcmlscs nccd ¤¤t¤1>¤¤¤r in Pm°” lillhu Pm)? °fPY°qu°l‘°” °l` (ii) requires disclosure of an unretained expert's opinion or infomation
inspection unless commanded to appear for deposition, hearing or trial. nm describing Specific cvcms or Occunvnccs in dispuw and resulting {mm the
(B) Subject to paragraph (d) (2) of this rule, a person commanded to ‘ Expert S smdli Tnadc riot at thc rcqucst °ff‘“"l’°“V· or
produce ancl permit inspection and copying may, within I4 days alter service _ (lll? l’°€ll·“l’°$ 3 P°l'$°¤ Wl"° ls nm 3 Plmlf °’ lm °m°°' {lf B Party in
of subpoena gr bcrmc me rim; spgcggicd for compliance if suph time is tgss meur substantial expense to travel more than IDD miles to attend trial, the court
than 14 days after service, serve upon the party or attorney designated in the may, to protect a person subject to or affected by the subpoena, quash or modify
subpoena written objection to inspection or copying of any or all of the the subpoena, or if the party in who behalf the subpoena is issued shows a
designated materials or ofthe premises. Ifobjcetion is made, the party serving substantial need for the testimony or material that cannot be otherwise met without
p the subpoena shall not be entitled to inspect and copy materials or inspect the undue hardship and assures that the person to whom the subpoena is addressed
premises except pursuant to an order of the court by which the subpoena was will be reasonably compensated, the court may order appearance or production
issued. lf objection has been made, the party sewing the subpoena may, upon only upon spgcifigd wmjig{¤n5_
notice to the person commanded to produce, move at any time for an order to
compel the production. Such an order to comply production shall protect any ld) DUTIES m RESPONDING T0 SUBPOENK
p;;;;?nw¥;r:!:;`i:Sp:g¥ $8:;% °m°°?r °f a vawdgm slgmacam °xp°nS° (l) A person responding to a subpoena to produce documents shall produce
r g P 0 wpymg C0 ‘ _ them as they are kept in the usual course of business or shall organize and label
(2.) (Ay On timely much, the court by which a suhphm was issued shall than tv ¤¤¤=$¤¤¤¤ w¤¤¤ ¤h= ¤¤==s¤¤·=¤ in ¢h¢ ¤¤r¤¤¤¤·
h d‘f h b 'f"
quas or mtw yd E Su PWM) It _ _ (2) When infomation subject to a subpoena is withheld on a claim that is
(1) fails to allow reasonable time for compliance, privileged or subject to protection as trial preparation materials, the claim shall be
(il) requires a person who is not aparty or an oflicer of a party to madc °"Pl`°$$lY ¤“d_ sh?ll he $ul'{P°"·°d bY 3 dES°"lPll?“ 05 df'? ““ml`° Of me
travel to aplace more than 100 mileg from the place where that pgrgrm rggidggy d¤Cut't1¤tll.5, C0l\1mlmlCtll\0l'l$, Of lil1l1’lg5 HDI p¥'Ddt1¤Bd {hill. t5 St1mCtBl'Il to enable lht`2
is employed or regularly transacts business in person, except that, subject to demanding party to contest the claim.